remedies

Realising rights here and now

A focus on utopia risks obscuring complexities in the process of realising human rights in time through institutions of governance. This article recounts judicial rituals by which judges delay the coming into effect of their conclusion that a law violates human rights. Here the more ‘radical’ approach involves insisting on rights’ enforcement now. The article also addresses a controversy around the moment when a right began to produce legal effects that bind governments.

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